What environmental permit does a manufacturing factory need? [Checklist]

What environmental permit does a manufacturing factory need to meet legal regulations and ensure non-violating operations? According to the Law on Environmental Protection 2020, depending on the scale and level of impact, businesses must apply for environmental registration and environmental permits or prepare an EIA report. Correct implementation of the process helps the factory avoid fines, control pollution, and operate sustainably. This article provides a list of required licenses.

Current environmental permit regulations

According to the Law on Environmental Protection 2020, 7 types of environmental permits have been merged into a single environmental permit. The new environmental permit replaces many previous licenses, simplifying administrative procedures for businesses. The 7 consolidated licenses include:

• Certificate of completion of environmental protection project;
• Certificate of eligibility for environmental protection in importing scrap as raw production materials;
• Hazardous waste treatment license;
• Register of hazardous waste source owners;
• Industrial exhaust gas discharge license;
• License to discharge wastewater into water sources;
• License to discharge wastewater to irrigation works.

The new environmental permit aims to reduce the paperwork burden, save time and costs, and help businesses manage the environment more easily. Businesses operating before January 1, 2022 can continue to use the old permit until it expires, but must switch to the new environmental permit upon expiration.

What environmental permit does a manufacturing factory need?

Thus, according to the Law on Environmental Protection 2020, a manufacturing factory that generates large-capacity waste only needs to apply for an environmental permit (which has been integrated). Manufacturing plants must apply for an environmental permit including:

1. The manufacturing plant is a project with a high risk of negative impacts on the environment, including:

• Projects in the form of production, business, and services that have the risk of causing environmental pollution with large scale and capacity; project to implement hazardous waste treatment services; Projects that import scrap from abroad as production materials;
• Projects in the form of production, business, and services that have the risk of causing environmental pollution with average scale and capacity but have environmentally sensitive elements; Projects that do not belong to the type of production, business, or service that are at risk of causing environmental pollution with large scale and capacity but have environmentally sensitive elements;
• Projects using land, land with water surface, and sea areas on a large scale or on a medium scale but with environmentally sensitive elements;
• Projects to exploit minerals and water resources with large scale and capacity or with medium scale and capacity but with environmentally sensitive factors;
• Projects that require changing the purpose of land use on a medium scale or larger but have environmentally sensitive factors;
• The project requires large-scale immigration and resettlement.

2. Manufacturing plants are projects that have the risk of adverse impacts on the environment, except for projects in section 1, including:

• Projects in the form of production, business, and services that have the risk of causing environmental pollution with average scale and capacity;
• Projects in the form of production, business, and services that are at risk of causing environmental pollution with small scale and capacity but have environmentally sensitive elements; Projects that do not belong to the type of production, business, or service that are at risk of causing environmental pollution with average scale and capacity but have environmentally sensitive elements;
• Projects using land, land with water surface, and sea areas on a medium scale or on a small scale but with environmentally sensitive elements;
• Projects to exploit minerals and water resources with medium scale and capacity or with small scale and capacity but with environmentally sensitive factors;
• The project requires changing land use purposes on a small scale but has environmentally sensitive elements;
• The project requires migration and resettlement on a medium scale.

3. Manufacturing plants are projects with little risk of negative impacts on the environment, except for projects in sections 1 and 2, including:

• Projects in the form of production, business, and services that have the risk of causing environmental pollution with small scale and capacity;
• Projects that do not belong to the type of production, business, or service that pose a risk of causing environmental pollution generate wastewater, dust, and exhaust gases that must be treated or generate hazardous waste that must be managed according to regulations on waste management.

Factories with the above scale of discharge must apply for an environmental permit. In case the production factory is an investment project that generates waste that is not subject to an environmental permit or operates before the effective date of the Law on Environmental Protection 2020 and generates waste that is not subject to an environmental permit, environmental registration procedures will be carried out at the commune-level People’s Committee.

Competent authority to issue environmental permits

According to the provisions of Article 41 of the Law on Environmental Protection 2020, the authority to issue environmental permits is decentralized to the following agencies:

1. Ministry of Natural Resources and Environment:

Granting environmental licenses to projects and facilities that have been approved by the Ministry of Natural Resources and Environment as a result of environmental impact assessment reports. Specifically includes:

• Subject 1: Group I, group II and group III investment projects that generate wastewater, dust, and exhaust gases discharged into the environment must be treated or generate hazardous waste that must be managed according to regulations on waste management when officially put into operation.
• Subject 2: Investment projects, facilities, production, business, concentrated service zones, industrial clusters operating before the effective date of the Law on Environmental Protection 2020 with environmental criteria as subject 1;
• Subject 3: Subject 1 belongs to the case of emergency public investment projects according to the provisions of law on public investment that are exempt from environmental permits..

Subjects in case 1 are located in an area of ​​02 or more provincial-level administrative units or located in a sea area that has not yet determined the administrative management responsibility of the Provincial People’s Committee; establishments that import scrap from abroad as raw materials for production, establishments that provide hazardous waste treatment services.

2. Ministry of National Defense, Ministry of Public Security: Issuing environmental licenses for investment projects and facilities that are classified as state secrets on national defense and security.
3. Provincial People’s Committee:

• Granting environmental licenses for group II investment projects.
• Issue environmental licenses for group III investment projects located in 02 or more district-level administrative units.
• Investment projects, facilities, concentrated production, business, service areas, industrial clusters operating before the effective date of the Law on Environmental Protection 2020 have environmental criteria. At the same time, the results of appraisal of the environmental impact assessment report have been approved by the Provincial People’s Committee or the Ministry or ministerial-level agency.

4. District People’s Committee: Issue environmental licenses for remaining projects and facilities that are not under the licensing authority of the above-mentioned agencies for subjects in case 1 of the Ministry of Natural Resources and Environment.

Frequently Asked Questions

What are some examples of manufacturing industries that typically require an environmental permit?

Manufacturing industries like chemical production, textile dyeing, paper mills, metal processing, and food processing often require environmental permits due to their potential for significant waste generation and environmental impact.

What documents are typically required when applying for an environmental permit?

Required documents generally include an environmental impact assessment (EIA) report (if applicable), a waste management plan, wastewater and air emission treatment proposals, and legal documentation of the company.

What is the validity period of an environmental permit for a manufacturing factory?

The validity period varies depending on the project’s scale and environmental impact, typically ranging from 7 to 10 years, and can be renewed.

When is an Environmental Impact Assessment (EIA) report necessary?

An EIA report is necessary for projects with significant potential environmental impacts, typically Group I and some Group II projects, as determined by the scale and nature of the manufacturing operations.

What are the requirements for the factories that were operating before the Law on Environmental Protection 2020 came into effect?

Factories operating before January 1, 2022, can continue using their existing permits until they expire. Upon expiration, they must transition to the new integrated environmental permit.

Services for applying for environmental permits for manufacturing factories

Long Phan provides environmental permit application services for manufacturing factories, ensuring businesses comply with legal regulations, avoid sanctions risks and operate stably. We provide full support from consulting, document preparation to submission and explanation to the authorities.

Environmental permit application service at Long Phan includes:

• Consulting on conditions for applying for environmental permits according to type of factory.
• Survey, measure waste, and assess environmental impact.
• Prepare environmental registration documents, EIA reports, and environmental protection plans in accordance with regulations.
• Submit documents to the authorities, monitor and explain when necessary.
• Support in applying for renewal, adjustment, and extension of environmental permits.

What environmental permit does a manufacturing factory need to ensure legal compliance and avoid the risk of sanctions? Determining the right type of license helps businesses legalize operations, control pollution and operate stably. Long Phan provides comprehensive consulting and support services for applying for environmental permits, ensuring complete and compliant documents. Contact the hotline 0906735386 immediately for detailed advice!